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First, his expansive view of executive power; secondly, his narrow view of the role of Congress; and third, his grudging reading of anti-discrimination law reflecting, in Biden's view, a lack of understanding of congressional intent and the nature of discrimination in the 21st century.
In 1984, Judge Alito wrote that he did not question the authority that the attorney general should have absolute immunity in cases involving wiretaps, showing his expansive view of presidential power.
Senator Biden is convinced that Judge Alito will join with the present members of the court who have struck down three dozen federal laws, more than six times the rate of activism over the history of our republic, laws which said you can't have guns within a hundred to a thousand feet of an elementary school, laws battling violence against women, laws requiring the clean-up of low-level nuclear waste and laws designed to ensure freedom of religion...
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